David Klein

David Klein is one of the most recognized attorneys in the technology, Internet marketing, sweepstakes, and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

FCC to “Rigorously Enforce” TCPA Political Robocall, Text Message Regulations

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March 17, 2016 As the 2016 election cycle continues to heat up, the Federal Communications Commission’s Enforcement Bureau (the “FCC” or “Commission”) released an Enforcement Advisory this Monday outlining the Telephone Consumer Protection Act (“TCPA”) regulations governing political robocalls, text messages and pre-recorded calls. Why should political campaigns ensure that their phone calls and text […]

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FTC deceptive marketing action- Klein Moynihan Turco

Retailer Settles FTC Deceptive Advertising Claims for Product Endorsements on Instagram

10 Comments / Blog, Journal, Online Marketing & Advertising Law /

March 16, 2016 This Tuesday, the Federal Trade Commission (the “FTC” or “Commission”) announced that it has prospectively reached a settlement with Lord & Taylor, LLC (“Lord & Taylor”) over charges of deceptive advertising in connection with alleged paid Instagram product endorsements for Lord & Taylor’s 2015 Design Lab clothing collection. What legal precautions should sellers

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Sports Illustrated, Sweepstakes App Provider Announce March Madness Bracket Challenge

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March 14, 2016 Last Wednesday, Time Inc.’s “Sports Illustrated” brand and sweepstakes app provider Kizzang LLC (“Kizzang”) announced their upcoming $25 million College Basketball Bracket Challenge. With potential prizes in the millions (or billions) of dollars, how can sweepstakes sponsors minimize their legal risk?

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FCC Poised to Change the Rules For Online Privacy?

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March 11, 2016 The Chairman of the Federal Communications Commission (“FCC” or “Commission”) has circulated a notice of proposed rulemaking designed to fundamentally alter the guidelines dictating the online privacy rights of consumers.  The full FCC will vote on the proposal at the end of March, at which time, if passed, the public would be

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FTC Commences Action for Violations of Telemarketing Sales Rule

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March 11, 2016 Yesterday, the Federal Trade Commission (“FTC”) announced that it has commenced an action against KFJ Marketing, LLC, Sunlight Solar Leads, LLC and Go Green Education and an officer of each of the three (3) mentioned companies, respectively (collectively, “Defendants”), for violations of the FTC’s Telemarketing Sales Rule.  The complaint, filed in the

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Virginia Blazes Trail in Fantasy Sports Regulation

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March 8, 2016 This week Virginia Governor Terry McAuliffe signed into law the Fantasy Contests Act. The law represents first of its kind state regulation of fantasy sports contests and operators. Intended to put in place consumer protections and functional guidelines for operators, the law will exempt licensed fantasy sports contests from the State gambling

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Is Your Merchant Processing Agreement Causing You Headaches?

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March 3, 2016 In today’s technology-driven economy, it is almost impossible to operate a successful business without the assistance of a merchant processing company to facilitate customer and/or client payments. This is true whether payments are initiated at brick-and-mortar stores, on e-commerce websites or via mobile-based applications. Given merchant processors’ integral role both in sustaining

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Eighth Circuit: Non-Commercial Copyright Use Preempts Right of Publicity

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February 1, 2016 Last Friday, the U.S. Court of Appeals for the Eighth Circuit upheld a Minnesota federal district court’s grant of summary judgment in favor the National Football League (the “League” or “NFL”) regarding the rights of publicity of former NFL players with respect to certain League film projects. How far-reaching are the implications

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